M.M. Malhotra Vs. Union of India
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Head Note
Constitution of India, 1950 - Article 226
If the Court is satisfied that the punishment is not shockingly disproportionate, it can maintain the order.
Constitution of India, 1950 - Article 311 , Article 309
Central Civil Services (Conduct) Rules, 1964, Rule 3 - Misconduct - Activities which may amount to acts which are inconsistent with the interest of public service and not befitting the status, position and dignity of a public servant are so varied that it would be impossible for the employer to exhaustively enumerate such acts and treat the categories of misconduct as closed - Therefore, any wrongful act of delinquency even not enumerated as misconduct in the rules can be made the basis for punishment.
The Hindu Marriage Act, 1955 - Section 11 , Section 12
Air Force Act, 1950 - Section 19 - Air Force Rules, 1969 - Rule 16(4) - Plural marriage - Second marriage - Void marriage - If the earlier marriage was void ab initio in terms of Sections 11 and 16 of the Hindu Marriage Act, no decree of divorce or declaration is required before entering into subsequent marriage - Subsequent marriage to such void marriage will not constitute plural marriage - However, living with a lady in the garb of an invalid marriage and then with the second lady by entering into a valid marriage and torturing the earlier one, will certainly constitute a misconduct unbecoming of a government servant - Retaining of such person in public employment will adversely affect the discipline and administration of public service.
Topic(s)-Plural marriage , Second marriage , Void marriage
Important Decision(s)-
- If the earlier marriage was void ab initio in terms of Sections 11 and 16 of the Hindu Marriage Act, no decree of divorce or declaration is required.
- Living with a lady in the garb of an invalid marriage and then with the second lady by entering into a valid marriage and torturing the earlier one, misconduct unbecoming of a government servant - Retaining of such person in public employment will adversely affect the discipline and administration of public service.